Divorce with an Adopted Child

March 04, 2020
By
Owenby Law, P.A.

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Divorce may seem complicated and overwhelming, particularly for spouses who adopted a child together. The good news is that the divorce process is not much different for adoptive parents than it is for natural parents.

Adoptive Parents Have the Same Rights

In the state of Florida, adoptive parents have the same legal rights as natural parents during a divorce. This means that the divorce process that adoptive parents go through is essentially the same that natural parents experience.

Either spouse files for the “dissolution of marriage.” To do this, it must be proven that a marriage exists, that one of the spouses has been a Florida resident for six months preceding the filing, and that the marriage is irretrievably broken.

The responding spouse must answer the petition within 20 days of being served. The responding spouse can then decide whether or not to pursue a counter-petition raising any additional issues the filing spouse did not address.

Each party must provide financial documents. This must be delivered to the other party within 45 days of the service of the petition.

The spouses may go through the mediation process. If the spouses can resolve the dissolution of the marriage in agreeable terms, mediation may be a good option for them.

If spouses cannot agree on terms, they will attend a final hearing where they will present evidence and testimony to a judge. The judge will then make the final decision on the contested issues.

Considering a Divorce? Contact Us Today

If you’re considering a divorce in Florida, our Jacksonville family law attorneys are here to help. We know divorce is never easy, no matter your current family situation. We have the experiences and resources needed to help you through this process more easily.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.

We have recently been informed of mailers that appear to be from “Owenby Law Firm” recommending “Fathers Custody Center” for families going through a divorce. Please be aware these letters are not from us and we do not endorse “Fathers Custody Center,” nor are we connected with them in any way. If you have received one of these letters with our name attached, please disregard it. We are coordinating with the Florida Bar and law enforcement to find the source of these fraudulent messages.